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The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 No. 84

PART 6Duty to publish register of licences

Duty to publish register of licences

28.—(1) Subject to paragraph (5), a licensing authority must publish a register of licences containing the information specified in paragraph (2) for each licensable activity in relation to which it has granted a licence.

(2) Registers published under this regulation must include—

(a)the name of the licence holder,

(b)the licence number,

(c)the postcodes of—

(i)in the case of a licence for the a licensable activity described in paragraph 1, 8, 14, 17 or 20 of schedule 1, the premises specified in the licence under regulation 6(6)(a) (the premises on which the licensable activity may be carried on),

(ii)in the case of a licence for the licensable activity described in paragraph 4 of schedule 1 (engaging in animal rehoming activities), the postcode of any premises in Scotland from which the activity is carried on (if known to the authority),

(d)the date on which the licence was granted,

(e)if the licence has been renewed, the date on which it was renewed,

(f)the date on which the licence is due to expire,

(g)in the case of a licence for the licensable activity described in paragraph 1 of schedule 1 (selling animals as pets), the information specified in the licence of the type mentioned in regulation 6(6)(c) (the animals or types of animal that may be sold),

(h)information as to whether the licence is suspended,

in relation to each relevant licence granted by the licensing authority for the licensable activity.

(3) In this regulation, “relevant licence” means any licence which—

(a)either—

(i)continues to have the effect of authorising the carrying on of a licensable activity, or

(ii)is suspended, and

(b)is not a licence mentioned in paragraph (4).

(4) A licensing authority is not required to include any details in a register published under this regulation for a licence if—

(a)the licence is for a licensable activity described in paragraph 1, 14, 17 or 20 of schedule 1, and

(b)the licensing authority which granted the licence is satisfied that—

(i)regardless of which licensable activity is being carried on, all animal sales by the licence holder in the course of the licensable activity are to persons who buy the animals for purpose of reselling them (as pets or otherwise), or

(ii)if the activity being carried on is an activity described in paragraph 14, 17 or 20, no animals are sold in the course of the activity.

(5) The duty in paragraph (1) does not require a licensing authority to publish a register for any licensable activity where there are no relevant licences to include within the register.

(6) A licensing authority must publish the register required by this regulation by making it available to the public on a website of the authority.

(7) A licensing authority must—

(a)keep the information in registers published under this regulation under review,

(b)where appropriate to keep the information referred to in paragraph (2) up to date (including upon grant, variation or suspension), publish new or revised information, and

(c)remove information about a licence from the published register if the licence—

(i)expires at the end of period of the licence,

(ii)is revoked, or

(iii)otherwise ceases to be a relevant licence.

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